PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 15 The Verdict and Appeals This chapter examines the process of reaching and pronouncing a verdict and the procedures and requirements for an appeal. Also discussed: When the defendant is entitled to a mistrial Effects of a mistrial When the prosecution can appeal

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Verdict Derived from Latin word verdictum “a true declaration” When verdict reached by jury, foreperson informs the bailiff who informs the judge Verdict pronounced in open court Either party may ask that the jury be “polled”

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ New Trial After a verdict of guilty, the trial judge may, for good cause, set aside the verdict and grant a motion for a new trial.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Mistrial When a trial judge concludes that misconduct prevents a fair trial May be declared at anytime in the proceedings Right of prosecution to request a mistrial is limited in many jurisdictions and not permitted in others. After mistrial, may accused be retried?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ When Accused May be Retried After a Mistrial Where a mistrial is not the fault of misconduct by government Where the rights of the accused are not prejudiced

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Appeals by the Government Government may not appeal a verdict of not guilty. Prosecutor generally must appeal a decision or ruling of the trial judge prior to the verdict. Government appeals generally based on erroneous legal decisions by the trial judge.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Appeals by the Defendant Generally, appeals must be submitted within a limited time frame after the trial has concluded. Most appeals are denied. Defendant is guaranteed a fair trial, not a perfect trial free of all error.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ If appellate court sets aside the conviction, in most cases the defendant can be retried, e.g., in the first Miranda v. Arizona case the U.S. Supreme Court reversed the conviction based on the fact that a confession was obtained from Miranda without advising him of his rights. He was retried on the original rape charges without the use of the confession, convicted, and sentenced to prison.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Types of Appeal There are no U.S. Supreme Court decisions that require states to have appellate courts. Appeals are either mandatory or discretionary Mandatory appeal–Defendant has the right to appeal to the first appellate level in all states. Discretionary appeal–higher level appellate courts, e.g., state supreme court in non-capital cases, do not have to accept appeals from defendants.